Officer Planning Report Recommendation

Planning Report And Recommendations {{table:440162}} ### Considerations {{table:440158}} ### Written Representations ### Consultations {{table:440159}} {{table:440160}} {{table:440161}}

Officer's Report

The Site

The application site represents the curtilage of "Pumpkin Patch Day Nursery" Hailwood Court which is an existing building which leads off Johnny Wattersons Lane and Hailwood Avenue in the built up residential area of Governors Hill in Douglas.

The Proposal

The proposed planning application is seeking approval for the alterations to the nursery, which would consist of:

• Creating a new rendered wall to match the existing on the front elevation - at a height of 1100mm with railing on top (overall height 1550mm) with a new double gate to match style of railings
• Increasing the wall by 450mm with railings on top (overall height to be 1900mm)
• Creating a new wall to the rear elevation 1350mm in height (with a overall height of 1800mm

• There would be two new gates introduced to increase security; a new exit door created on the side elevation; a new children's playing surface; and a polycarbonate roof to create a external storage area

Planning Status

The application site is within an area of "Predominantly Residential Use" under the Douglas North Local Plan, which was adopted by Tynwald in 1998. The Isle of Man Strategic Plan 2007 contains one policy which is considered specifically material to the assessment of this current planning application General Policy 2 states: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

• (a) is in accordance with the design brief in the Area Plan where there is such a brief;
• (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
• (c) does not affect adversely the character of the surrounding landscape or townscape;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• (e) does not affect adversely public views of the sea;
• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (g) does not affect adversely the amenity of local residents or the character of the locality;
• (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
• (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
• (j) can be provided with all necessary services;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• (I) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (n) is designed having due regard to best practice in reducing energy consumption."

Planning History

The following previous planning applications should be considered in the assessment and determination of this application:

PA 03/01730/B - Conversion of ground floor to residential and first floor to hairdressing/ beauty salon at no 13, and continued use of ground floor and first floor as childrens nursery at no 14 - Application Withdrawn

PA 04/00333/B - Conversion of ground and first floor of existing nursery to two apartments Permitted

PA 05/00830/B - Conversion of ground floor self contained apartment to Hairdressers and Beauty Salon, Nos 13 - Permitted

Representations

Douglas Corporation has no objection with the proposed development.

The Department of Transport Highways Division do not oppose has no traffic management, parking or road safety implications.

Department of Health & Social Security would be grateful to receive information and subsequent outcomes regarding the application.

ASSESSMENT

After a visit to the site it was clear that the proposed alterations to the boundary treatment would be acceptable as they would be at an appropriate height; and they would neither adversely affect the character of the locality or the public or private residential amenity of the adjacent property (9 Fuchsia Lane) to the north east.

The remaining alterations are considered to be appropriate for premises of this nature, as they are proposing features which would increase the safety of children who attend the Pumpkin Patch Day Nursery, for example, erecting new gates, railings and safe play surface to external area. As such, with matching materials throughout, the proposed development would not detract from the character of the property and would ensure that the visual amenities of the locality are protected when viewed from the public thoroughfare.

RECOMMENDATION For these reasons the proposal is considered acceptable and it is recommended that the planning application be permitted. PARTY STATUS

It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:

• Douglas Corporation
• The Department of Transport Highways Division

Accordingly the following parties, that made representations, do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:

• Department of Health & Social Security

Recommendation Recommended Decision: Permitted Date of Recommendation: 23.02.2010 Conditions and Notes for Approval / Reasons and Notes for Refusal

• C: Conditions for approval
• N: Notes attached to conditions
• R: Reasons for refusal
• O: Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This approval relates to the submitted Drawings PTA-21-01, PTA-21-02, PTA-21-03 and PTA-21-04 all received on 15th January, 2010 and Drawings PTA-21-05, PTA-21-06 and PTA-21-07 received on 21st January, 2010.

I confirm that this decision accords with Government Circular No 09/09 Delegation of functions, 10/09 Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer

Decision Made : Permitted Date : Signed : Senior Planning Officer